Daumani 4: the second defendant’s payment obligation was not proved

An assumption of joint ownership did not prove joint and several liability for the debt.

KÜ Daumani 4 (now — Narva linn, Kivilinna tn 4 korteriühistu). KÜ Daumani 4 brought a joint and several claim for management charges and late-payment interest against two persons XX. Proceedings against the first defendant had already been discontinued by a separate order; this judgment concerns the second. The court found no evidence that both defendants owned the apartment. It recognised the first as owner and association member; a bailiff’s assumption of joint ownership did not replace evidence. Taking the second defendant’s written explanations into account, the court found no payment obligation under statute, contract or legal succession. This conclusion concerns the facts of this case. The claim against the second defendant was dismissed in full. The association bears its own and the defendant’s costs, but no monetary costs requiring reimbursement to the defendant were established.

The claim against the second defendant was dismissed for failure to prove a payment obligation. No monetary costs were awarded to that defendant.